Terms and conditions
Article 1 - Content and scope
These general conditions of sale ("the GCS") apply automatically to any sale of the products of the company KALDO, S.A.S. with a capital of 10,000.00 euros, whose registered office is located at 3 allée des jardins de Valencia , 64200 Biarritz, RCS BAYONNE 899 023 170, firstname.lastname@example.org, ("the Seller") to a customer, whether an individual or a professional (hereinafter referred to interchangeably as "the Customer").
The GCS apply to purchases made by Customers located and delivered exclusively in France or in a member country of the European Union.
The T&Cs apply to the exclusion of any other document, and in particular any general terms and conditions of purchase of the Customer, to sales made in stores, on the Internet on the Seller's site. www.kaldo.fr (hereinafter "the Site") or through any other distribution and marketing channels of the Seller.
Any immediate purchase and any order of the Seller's products implies the unconditional acceptance, on the part of the Customer, of all the terms and conditions of the GCS.
The provisions of the T&Cs which specifically target the "Consumer" apply exclusively in the case of a sale to a consumer within the meaning of applicable French law.
The provisions of the T&Cs, which relate to online sales, apply exclusively when the Customer's purchase is made on the Seller's Site.
The T&Cs are made available to the Customer for information purposes prior to the sale. Any order or immediate purchase by the Customer implies his unreserved acceptance of the GCS which prevail over all other conditions, with the exception of those which have been expressly accepted by the Seller.
In the case of an online sale, the T&Cs are accessible and viewable by the Customer on the Site. They are opposable to the Customer who acknowledges, by ticking a box provided for this purpose, to have been aware of them and to have accepted them before placing an order.
The Seller reserves the right to modify the GCS at any time. In the event of modification of the GCS, the applicable general conditions are those in force on the date of the order or the immediate purchase of the Customer.
In accordance with the regulations in force, the Seller reserves the right to derogate from certain clauses of the GCS, depending on the negotiations carried out with the Customer, by establishing specific conditions of sale.
Article 2 - Consumer Customer - Pre-contractual information - right of withdrawal
When the Customer is a Consumer, he acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of the T&Cs as well as all the information listed in Article L. 221-5 of the Code of consumption, and in particular:
- the essential characteristics of the product which are presented in the Seller's catalogues;
- the price of the products and any additional costs;
- in the case of an order the expected delivery time;
The Consumer Customer who buys the products online is informed that he has a withdrawal period of 14 (fourteen) days from the date of delivery of his order, under the conditions of articles L221-18 and following of the code consumption.
The Consumer exercises his right by informing the Seller by sending a registered letter with request for acknowledgment of receipt expressing in a clear and unambiguous manner his desire to withdraw.
Products must be returned in their original packaging within 14 days of notification to the Seller of the withdrawal decision. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be marketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not taken back.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased as well as the delivery costs are reimbursed. Return costs are the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the products returned by the buyer under the conditions provided above.
Article 3 – Order and conclusion of the sale
3.1. Order-Conclusion of the sale-Cancellation and modification of order
Sales are final after express acceptance in writing of the Customer's order by the Seller and, where applicable, after receipt by the Seller of the full deposit required in its commercial proposal.
For orders placed online, the order is recorded when the Customer validates his order. Acceptance of the order by the Seller is confirmed by sending an email. The data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
Any order received by the Seller is deemed firm and final and cannot be modified or canceled by the Customer without the Seller's agreement.
The Customer is informed that the availability of the products is random and cannot be guaranteed by the Seller. Consequently, the execution of an order by the Seller is always subject to the availability of the products concerned, without the Seller's liability being incurred as a result.
3.2. Stages of concluding the online sale
To place an order, the Customer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides the information relating to delivery and payment method.
Before clicking on the "Confirm order" button, the Customer has the possibility of checking the details of his order and its total price and of returning to the previous pages to correct any errors or possibly modify his order.
The confirmation of the order by the Customer is subject to his unconditional acceptance of the GCS by ticking the box provided for this purpose.
An e-mail acknowledging receipt of the order and its payment is sent by the Seller as soon as possible.
The Seller reserves the right to refuse any order for legitimate reasons, such as in particular if the quantities of products ordered are abnormally high.
The products are supplied at the Seller's prices in effect on the day to day of the immediate purchase or the placing of the order, and, where applicable, at the price indicated in the specific commercial proposal addressed to the Customer. These prices are firm and non-revisable during their period of validity, as indicated by the Seller.
These prices are net and exclusive of tax, packaging included. For products that are not collected by the Customer himself, the prices do not include transport costs which are invoiced in addition, under the conditions indicated by the Seller and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
Special pricing conditions may be applied depending on the specifics requested by the Customer concerning, in particular, the terms and delivery times, or the terms and conditions of payment. In this case, a specific commercial proposal will be sent to the Customer by the Seller. Unless expressly stipulated otherwise, the period of validity of a commercial proposal from the Seller is 30 (thirty) days.
Article 4 - Delivery
In the event of immediate purchase, the products are immediately taken away by the Customer.
The Seller's products are offered for delivery in France (including the overseas departments) as well as in member countries of the European Union.
In the absence of any indication or agreement as to the delivery date, the Seller shall deliver the products in mainland France no later than 21 (twenty-one) days after acceptance of the order, subject to the availability of products.
In the event of unavailability of the product ordered by the Customer, the Seller shall immediately inform the Customer thereof and reimburse the sums collected under the said order within a maximum period of 30 days.
Delivery is constituted by the transfer to the Customer of physical possession or control of the product.
When the Customer has himself taken charge of using a carrier that he chooses himself, the delivery is deemed to have been made when the products ordered by the Seller are handed over to said carrier.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only. The Seller cannot be held liable with regard to the Customer in the event of late delivery.
When the Customer is a Consumer, if the products ordered are not delivered within 30 days after the scheduled delivery date, for any reason other than force majeure, the sale may be canceled at the Customer's written request under the conditions provided for in Articles L 216-2 L216-3 and L241-4 of the Consumer Code. The sums paid will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation.
The Customer is required to check the condition of the products delivered. It has a 24 hour time limit from the delivery to formulate in writing to the Seller any reservations or complaints for non-conformity or apparent defect of the products delivered with all the supporting documents relating thereto (photos in particular).
After this period and failing to comply with these formalities, the products will be deemed to be compliant and free from any apparent defect and no claim can be validly accepted by the Seller.
Article 5 - Payment
Unless expressly agreed otherwise between the Parties, payment of the price of the Seller's products is made in cash when ordering. No order can be taken into account in the absence of full payment by this date.
Payments made by the Customer will only be considered effective after receipt by the Seller of the sums due.
When the payment of the price of the products is not made in cash with the order, pursuant to a special agreement between the Parties, any delay in payment by the Customer will automatically and automatically result in the application of late payment penalties at the rate of five times the legal interest rate calculated on the amount including tax of the price of the products concerned, without any formality or prior formal notice being necessary.
Any delay in payment will also result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against the Customer.
In addition, the Seller reserves the right, in the event of non-compliance by the Customer with the payment conditions provided for, to suspend or cancel the delivery of the Customer's current orders.
Article 6 - Seller's liability - Product warranty
The products delivered by the Seller benefit from a guarantee covering the non-compliance of the products with the order and any hidden defect resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use. .
As part of the guarantee of conformity, it is specified that the Seller guarantees that the products offered for sale comply with their description and the specifications which are presented on its Site as well as with the regulations in force in France at the time of their placing on the market. The photographs of the products are presented exclusively for illustrative purposes and are not contractual. They cannot therefore give rise to the implementation of the Seller's guarantee. The Customer is required to refer to the description of each product in order to know its properties and essential particularities.
Any warranty is excluded in the event of misuse, negligence, defect or poor maintenance on the part of the Customer as in the event of normal wear and tear of the product (and in particular normal wear and tear of the textile part of the product) or in case of force majeure.
The warranty is also excluded if the products have been subject to abnormal use, or have been used in conditions different from those for which they were manufactured, in particular in the event of non-compliance with the recommended conditions of use. by the Seller. The same will apply in the event of non-compliance with the conditions of assembly, folding or maintenance of the products which are specified by the Seller on its Site.
It also does not apply in the event of transformation of the product, deterioration or accident resulting from shock, fall, negligence, lack of supervision, maintenance or poor storage conditions of the product.
In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of a non-conformity or a hidden defect within a maximum period 3 days from their discovery.
Unless otherwise stipulated, the warranty owed by the Seller will only apply to defects which have appeared during a period of 12 months from the delivery of the product. No complaint will be accepted beyond this period.
The Customer is informed that:
- The products offered by the Seller are products manufactured in a traditional way and therefore the visual appearance of the same model (in particular the patterns and cut-outs of the textile part or the color of the wooden structure) may differ from one product to another, without this constituting a lack of conformity of the product.
- The products have been designed exclusively for seasonal and non-professional backrest use. They must therefore not be used for any other purpose such as, in particular, that of a seat or stool, even on an exceptional basis.
- The products must be stored, between two uses, in a dry place and away from direct sunlight.
- The textile part of the products is washable respecting a delicate cycle and a maximum temperature of 30°. The use of the dryer is not recommended.
- The products must not be submerged or left in the hands of a child.
In the event of non-compliance or a proven defect of the product, it will not be returned, taking into account the disproportionate costs that would result for the Seller. The product will either be refunded or replaced at the Seller's sole expense, at the Customer's option.
It is reminded, in accordance with the applicable regulations that when the Customer is a Consumer, he benefits, within the framework of the legal guarantee of conformity, from a period of two years from the delivery of the goods to act against of the Seller; that he can choose between repairing or replacing the product ordered, subject to the cost conditions provided for in article L 217-9 of the Consumer Code; that he is exempted from providing proof of the existence of the lack of conformity during the twenty-four months following the delivery of the product. The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
Article 7 – Limits of liability
The Seller's liability vis-à-vis the Customer under the T&Cs and the sales that may result therefrom is limited to an obligation to replace or, where applicable, to refund non-compliant or defective products.
Consequently, the Customer refrains from any request for the purpose of obtaining any compensation, in particular for its operating losses or any other material or immaterial damage and guarantees to the Seller that it will make this commitment subscribe to its beneficiaries. rights or potential contractors, so that the Seller is never worried about this.
In any event, unless specifically agreed otherwise between the parties, the Seller's financial liability, on any basis whatsoever, under these GCS and the sales that may result therefrom, may not exceed 100% (one hundred percent) of the price excluding tax collected by the Seller for the sale concerned.
Article 8- Intellectual property
The Seller remains the owner of all the industrial and intellectual property rights relating to the products delivered to the Customer as well as to the various marketing and distribution methods, such as in particular its Website.
The Customer is prohibited from infringing the industrial or intellectual property rights of the Seller in any way whatsoever and undertakes, where applicable, to have them respected by the members of its staff.
Article 9 - Transfer of ownership-transfer of risks
The transfer of ownership of the Seller's products to the Customer, whether it is an immediate purchase or an order, will only be made after full payment of the price by the Customer, regardless of the date of delivery of said products. Payment means the actual collection by the Seller of the price of the sale concerned.
The transfer of the risks of loss and deterioration of the products occurs when the Customer takes physical possession of them; The products therefore travel at the Seller's risk and peril. On the other hand, if the Customer uses a carrier that he himself has chosen and independent of the Seller, the transfer of risks takes place at the time of delivery of the products ordered by the Seller to the carrier chosen by the Customer.
Article 10 - Lack of foresight
In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract of sale, in accordance with the provisions of article 1195 of the Civil Code, the party who has not agreed to assume an excessively onerous performance risk may request a renegotiation. of the contract to the other party.
Article 11 - Forced execution in kind
By way of derogation from the provisions of article 1221 of the Civil Code, the parties agree that in the event of a breach by one or other of the parties of its obligations, the party victim of the default may not request forced execution. and the failure will be resolved in damages.
Article 12 - Force majeure
The parties cannot be held responsible for the non-execution or the delay in the execution of any of their obligations which would result from a case of force majeure, within the meaning of article 1218 of the Civil Code.
By express agreement, constitutes in particular a case of exonerating force majeure for the Seller: the declaration on French territory of a state of health, climatic or other emergency as well as any restrictive administrative measure, whether or not arising from a such declaration, and which would directly or indirectly affect the Seller's activity (including the new measures which could be taken after the Customer's order has been placed, in the context of the fight against the Covid-19 pandemic), the strike and lockout affecting Seller's service providers or suppliers, epidemic or pandemic (including the Covid-19 pandemic), fire, landslide, flood, damage caused by lightning, and in any other way general all types of natural disasters directly or indirectly affecting the activity of the Seller, its service providers or its suppliers, supply disruptions for any cause not attributable the Seller and affecting its activities, that of its suppliers, service providers or any other natural or legal person directly related to its activity.
The Party which observes the occurrence of a case of force majeure must immediately inform the other party of its impossibility to perform its obligation and justify it to the latter.
The performance of the obligation will in this case be suspended for the duration of the force majeure if it is temporary and does not exceed a period of 60 days. If the impediment is permanent or exceeds a period of 60 days, the sale concerned will be purely and simply resolved, without this resolution giving rise to the right to compensation for the party not prevented.
During this suspension, the parties agree that any additional costs generated by the situation will be divided equally between them.
Article 13 – Personal data
13.1 General provisions
The personal data collected from the Customer is subject to computer processing carried out by the Seller. They are recorded in his customer file and are essential to the processing of his order. This information and personal data are also kept in order to comply with the Seller's legal and regulatory obligations. They will be kept for the time necessary for the execution of the orders and any applicable guarantees.
The data controller is the Seller. Access to personal data will be strictly limited to persons authorized to process them due to their functions within its organization. The information collected may be communicated to the Seller's service providers, which the Customer declares to accept. The Seller undertakes that i) the access of these service providers to the Customer's personal data will in this case be limited to what is strictly necessary for the needs of execution of the Customer's order and its possible consequences and ii ) these service providers offer sufficient guarantees in terms of the security and confidentiality of the data entrusted to them.
As part of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Seller is prohibited from selling, renting, assigning or giving access to third parties to the data without the prior consent of the Customer, unless required to do so by law or by an administrative authority. or judicial.
If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to ensure the confidentiality and security of the data will be specified to him.
In accordance with the applicable regulations, the Customer has a right of access, rectification, erasure, and portability of the data concerning him, as well as the right to oppose the processing for legitimate reasons, rights which he may exercise by contacting the data controller at the postal address: "KALDO, 3 allée des jardins de Valencia, 64 4200 Biarritz". The Customer may submit a complaint to the National Commission for Computing and Liberties.
13.2 Provisions specific to the Seller's Site
The personal data of the Customer which is collected on the Site are as follows:
- When creating the user account : surname, first name, e-mail address
- When the user connects to the Site : it records its name, first name, connection data, use, location.
- As part of the payment of the products offered on the Site, the latter records financial data relating to the user's bank account or credit card.
- Cookies are used in connection with the use of the site. The user has the option of disabling cookies from their browser settings.
The personal data collected is intended to provide the services of the Site, to improve them and to maintain a secure environment.
Article 14 - Applicable law - Language
The T&Cs as well as the sales contracts which may result therefrom are governed by French law to the exclusion of the Vienna Convention on contracts for the international sale of goods.
The T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 15 - Competent jurisdiction
All disputes to which these general conditions of sale or the sales concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could not be resolved amicably between the Seller and the Customer will fall under the exclusive jurisdiction of the Commercial Court of Bayonne.
The Customer when he is a consumer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.